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Public Act 100-0861
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| HB4907 Enrolled | LRB100 20501 RLC 35867 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is |
amended by changing Sections 316 and 320 as follows:
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(720 ILCS 570/316)
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Sec. 316. Prescription Monitoring Program. |
(a) The Department must provide for a
Prescription |
Monitoring Program for Schedule II, III, IV, and V controlled |
substances that includes the following components and |
requirements:
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(1) The
dispenser must transmit to the
central |
repository, in a form and manner specified by the |
Department, the following information:
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(A) The recipient's name and address.
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(B) The recipient's date of birth and gender.
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(C) The national drug code number of the controlled
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substance
dispensed.
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(D) The date the controlled substance is |
dispensed.
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(E) The quantity of the controlled substance |
dispensed and days supply.
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(F) The dispenser's United States Drug Enforcement |
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Administration
registration number.
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(G) The prescriber's United States Drug |
Enforcement Administration
registration number.
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(H) The dates the controlled substance |
prescription is filled. |
(I) The payment type used to purchase the |
controlled substance (i.e. Medicaid, cash, third party |
insurance). |
(J) The patient location code (i.e. home, nursing |
home, outpatient, etc.) for the controlled substances |
other than those filled at a retail pharmacy. |
(K) Any additional information that may be |
required by the department by administrative rule, |
including but not limited to information required for |
compliance with the criteria for electronic reporting |
of the American Society for Automation and Pharmacy or |
its successor. |
(2) The information required to be transmitted under |
this Section must be
transmitted not later than the end of |
the next business day after the date on which a
controlled |
substance is dispensed, or at such other time as may be |
required by the Department by administrative rule.
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(3) A dispenser must transmit the information required |
under this Section
by:
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(A) an electronic device compatible with the |
receiving device of the
central repository;
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(B) a computer diskette;
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(C) a magnetic tape; or
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(D) a pharmacy universal claim form or Pharmacy |
Inventory Control form;
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(4) The Department may impose a civil fine of up to |
$100 per day for willful failure to report controlled |
substance dispensing to the Prescription Monitoring |
Program. The fine shall be calculated on no more than the |
number of days from the time the report was required to be |
made until the time the problem was resolved, and shall be |
payable to the Prescription Monitoring Program.
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(b) The Department, by rule, may include in the |
Prescription Monitoring Program certain other select drugs |
that are not included in Schedule II, III, IV, or V. The |
Prescription Monitoring Program does not apply to
controlled |
substance prescriptions as exempted under Section
313.
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(c) The collection of data on select drugs and scheduled |
substances by the Prescription Monitoring Program may be used |
as a tool for addressing oversight requirements of long-term |
care institutions as set forth by Public Act 96-1372. Long-term |
care pharmacies shall transmit patient medication profiles to |
the Prescription Monitoring Program monthly or more frequently |
as established by administrative rule. |
(d) The Department of Human Services shall appoint a |
full-time Clinical Director of the Prescription Monitoring |
Program. |
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(e) (Blank). |
(f) Within one year of the effective date of this |
amendatory Act of the 100th General Assembly, the Department |
shall adopt rules requiring all Electronic Health Records |
Systems to interface with the Prescription Monitoring Program |
application program on or before January 1, 2021 to ensure that |
all providers have access to specific patient records during |
the treatment of their patients. These rules shall also address |
the electronic integration of pharmacy records with the |
Prescription Monitoring Program to allow for faster |
transmission of the information required under this Section. |
The Department shall establish actions to be taken if a |
prescriber's Electronic Health Records System does not |
effectively interface with the Prescription Monitoring Program |
within the required timeline. |
(g) The Department, in consultation with the Advisory |
Committee, shall adopt rules allowing licensed prescribers or |
pharmacists who have registered to access the Prescription |
Monitoring Program to authorize a licensed or non-licensed |
designee employed in that licensed prescriber's office or a |
licensed designee in a licensed pharmacist's pharmacy, and who |
has received training in the federal Health Insurance |
Portability and Accountability Act to consult the Prescription |
Monitoring Program on their behalf. The rules shall include |
reasonable parameters concerning a practitioner's authority to |
authorize a designee, and the eligibility of a person to be |
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selected as a designee. |
(Source: P.A. 99-480, eff. 9-9-15; 100-564, eff. 1-1-18.)
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(720 ILCS 570/320)
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Sec. 320. Advisory committee.
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(a) There is created a Prescription Monitoring Program |
Advisory Committee to
assist the Department of Human Services |
in implementing the Prescription Monitoring Program created by |
this Article and to advise the Department on the professional |
performance of prescribers and dispensers and other matters |
germane to the advisory committee's field of competence.
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(b) The Clinical Director of the Prescription Monitoring |
Program shall appoint members to
serve on the advisory |
committee. The advisory committee shall be composed of |
prescribers and dispensers as follows: 4 physicians licensed to |
practice medicine in all its branches; one advanced practice |
registered nurse; one physician assistant; one optometrist; |
one dentist; one podiatric physician; and 3 pharmacists. The |
Clinical Director of the Prescription Monitoring Program may |
appoint a representative of an organization representing a |
profession required to be appointed. The Clinical Director of |
the Prescription Monitoring Program shall serve as the chair of |
the committee.
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(c) The advisory committee may appoint its other officers |
as it deems
appropriate.
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(d) The members of the advisory committee shall receive no |
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compensation for
their services as members of the advisory |
committee but may be reimbursed for
their actual expenses |
incurred in serving on the advisory committee.
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(e) The advisory committee shall: |
(1) provide a uniform approach to reviewing this Act in |
order to determine whether changes should be recommended to |
the General Assembly; |
(2) review current drug schedules in order to manage |
changes to the administrative rules pertaining to the |
utilization of this Act; |
(3) review the following: current clinical guidelines |
developed by health care professional organizations on the |
prescribing of opioids or other controlled substances; |
accredited continuing education programs related to |
prescribing and dispensing; programs or information |
developed by health care professional organizations that |
may be used to assess patients or help ensure compliance |
with prescriptions; updates from the Food and Drug |
Administration, the Centers for Disease Control and |
Prevention, and other public and private organizations |
which are relevant to prescribing and dispensing; relevant |
medical studies; and other publications which involve the |
prescription of controlled substances; |
(4) make recommendations for inclusion of these |
materials or other studies which may be effective resources |
for prescribers and dispensers on the Internet website of |
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the inquiry system established under Section 318; |
(5) on at least a quarterly basis, review the content |
of the Internet website of the inquiry system established |
pursuant to Section 318 to ensure this Internet website has |
the most current available information; |
(6) on at least a quarterly basis, review opportunities |
for federal grants and other forms of funding to support |
projects which will increase the number of pilot programs |
which integrate the inquiry system with electronic health |
records; and |
(7) on at least a quarterly basis, review communication |
to be sent to all registered users of the inquiry system |
established pursuant to Section 318, including |
recommendations for relevant accredited continuing |
education and information regarding prescribing and |
dispensing. |
(f) The Clinical Director of the Prescription Monitoring |
Program shall select 6 5 members, 3 physicians, and 2 |
pharmacists, and one dentist, of the Prescription Monitoring |
Program Advisory Committee to serve as members of the peer |
review subcommittee. The purpose of the peer review |
subcommittee is to advise the Program on matters germane to the |
advisory committee's field of competence, establish a formal |
peer review of professional performance of prescribers and |
dispensers, and develop communications to transmit to |
prescribers and dispensers. The deliberations, information, |
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and communications of the peer review subcommittee are |
privileged and confidential and shall not be disclosed in any |
manner except in accordance with current law. |
(1) The peer review subcommittee shall periodically |
review the data contained within the prescription |
monitoring program to identify those prescribers or |
dispensers who may be prescribing or dispensing outside the |
currently accepted standards in the course of their |
professional practice. |
(2) The peer review subcommittee may identify |
prescribers or dispensers who may be prescribing outside |
the currently accepted medical standards in the course of |
their professional practice and send the identified |
prescriber or dispenser a request for information |
regarding their prescribing or dispensing practices. This |
request for information shall be sent via certified mail, |
return receipt requested. A prescriber or dispenser shall |
have 30 days to respond to the request for information. |
(3) The peer review subcommittee shall refer a |
prescriber or a dispenser to the Department of Financial |
and Professional Regulation in the following situations: |
(i) if a prescriber or dispenser does not respond |
to three successive requests for information; |
(ii) in the opinion of a majority of members of the |
peer review subcommittee, the prescriber or dispenser |
does not have a satisfactory explanation for the |
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practices identified by the peer review subcommittee |
in its request for information; or |
(iii) following communications with the peer |
review subcommittee, the prescriber or dispenser does |
not sufficiently rectify the practices identified in |
the request for information in the opinion of a |
majority of the members of the peer review |
subcommittee. |
(4) The Department of Financial and Professional |
Regulation may initiate an investigation and discipline in |
accordance with current laws and rules for any prescriber |
or dispenser referred by the peer review subcommittee. |
(5) The peer review subcommittee shall prepare an |
annual report starting on July 1, 2017. This report shall |
contain the following information: the number of times the |
peer review subcommittee was convened; the number of |
prescribers or dispensers who were reviewed by the peer |
review committee; the number of requests for information |
sent out by the peer review subcommittee; and the number of |
prescribers or dispensers referred to the Department of |
Financial and Professional Regulation. The annual report |
shall be delivered electronically to the Department and to |
the General Assembly. The report to the General Assembly |
shall be filed with the Clerk of the House of |
Representatives and the Secretary of the Senate in |
electronic form only, in the manner that the Clerk and the |